July 31, 2015–The Board denied Petitioner CR Bard, Inc.’s inter partes review of U.S. Patent 8,852,160, which describes a venous access port assembly for implantation into a patient. Citing 35 U.S.C. Section 103, the Board stated that Petitioner’s arguments were “conclusory. ” The Board said that the petition relied heavily on an expert declaration that merely “repeats conclusory statements in the Petition without citation to the asserted prior art references or any other evidence.” Additionally, the petition did not direct the Board to evidence in the prior art that sufficiently showed why the alleged references rendered obvious the flange aspect of the patent. The patent-at-issue is titled “Venous access port with molded and/or radiopaque indicia.” The petition was filed in the Patent Trial and Appeal Board and was captioned Petition for Inter Partes Review by CR Bard, Inc., IPR2015-01654.
By Una Fan